# ~ FafinskiMark& 

### Johnson

November 6, 2015

U. S. DepartmentofTranspmiation DocketManagement System 1200NewJerseyAve., SE Washington, DC 20590 Faf ·lnski Mark &Johnson, P.A

. Attorneys At Law Fl

agship Corporate Center 775 Prairie Center Drive, Suite400, Eden Prairie, MN 55344 Tel ephone: 952

.995

.9500 Facsimile:952

.995

.9577 Website:www.fmjl aw.com

RE: ExemptionRequest- Section333 ofthe FAAReform Act and Part 11 oftheFederal Aviation Regulationsfrom 14 C.F.RPart21, 14 C.F.R. 45.23(b); 45.29; 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a) & (b); 61.315(a); 91.7(a); 91.9(b)(2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a) (1); 91.409 (a)(1) & (2); 91.417(a) & (b). Dear Sir or Madam: Pursuantto Section 333 ofthe FAAModernizationand ReformAct of2012, Pub. L. No. 112-95, 126 Stat. 11 (amending 49 U.S.C.) (hereinafter, the "Reform Act") and 14 C.F.R. Part 11, Advanced Engineering and Environmental Services, Inc

., d/b/a AE2S (referred to herein as "AE2S" or "Applicant"), operator ofsmall unmanned aircraft systems (singularly a "sUAS" or cumulatively "sUASs") equippedto conductprofessional aerial datacollection,includingbutnot limited to aerial photography, videography, aerial inspections, surveying and mapping and agricultural inspections and aerial data collection, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 3 3 3 ofthe Reform Act. As described more fully below, the requested exemption would permit the operation of small, unmanned sUAS under controlled conditions in airspace that (i) is limited, (ii) is predetermined, (iii) is controlled as to access, and (iv) would provide safety enhancements to the already safe operations inthe aerial datacollectionindustries, includingbutnotlimited to aerial photography, videography, aerial inspections, surveying and mapping and agricultural inspections industries presently using conventional aircraft

. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's responsibilities to "

... establish requirements for the safe operation ofsuch aircraft systems inthe national airspace system."ReformAct§ 333 (c). The name and address ofthe applicantis: Advanced Engineering andEnvironmental Services, Inc. Attention: Nicholas Stattelman 4050 Garden ViewDr. Ste 200 Grand Forks, ND 58201 Telephone: (701) 746-8087 Mobile: (218) 230-4358 Email: Nick.Stattelman@AE2S.comTheApplicanthereby requests exemptionfrom the following FARs: 14 CFRPart21 14 C.F.R. 45.23 (b) 14 C.F.R. 45.29 14 C.F.R. 61.23 (a) and (c) 14 C.F.R. 101 (e) (4) and (5) 14 CFR61.113 (a) & (b) 14 C.F.R. 61.315 (a) 14 C.F.R. 91.7 (a) 14 CFR91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR91.151 (a) 14 CFR91.203 (a) & (b) 14 CFR91.405 (a) 14 CFR407 (a) (1) 14 CFR409 (a) (1) & (2) 14 CFR417 (a) & (b) This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems ("UAS") may operate safely in the national airspace system ("NAS") before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary of Transportation is required to determine which types ofunmanned aircraft systems do not create a hazard to users ofthe NAS orthe public orpose a threatto national securityin light of(i) the UAS's size, weight, speed, and operational capability, (ii) operation ofthe UAS in close proximity to airports and populated areas, and (iii) operation ofthe UAS within visual line ofsight ofthe operator. Id. § 333 (b) (1). Lastly, ifthe Secretary ofTransportation determines that such vehicles "may operate safely in the national airspace system, the Secretary ofTransportation shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." Id. § 333 (c) (underline added). 1 The Federal Aviation Act, 49 U.S.C. (the "Act") expressly grants the FAAthe authority to issue exemptions. This statutory authority by its terms includes exempting "civil aircraft," as the term is defined under §40102 of the Act that includes sUASs from the requirement that all civil aircraftmusthave a current airworthiness certificate. The FAA Administrator may grant an exemption from a requirement ofa regulation prescribed under the Act ifthe Administrator finds the exemption in the public interest. 49 U.S.C. §44701 (f). See also 49 USC§ 44711 (a); 49USC§ 44704; 14 CFR § 91.203 (a) (1).

1The Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under Section 333 ofthe Reform Act, but for the Administratorto craft conditions for the safe operation ofthe UAS, ifit should be determined that the conditions setforth herein do not fulfill the statutory requirements for approval.Applicant notes that the UAS to be operated by Applicant pursuant to this proposed exemption are the same as those in Exemptions 11110 issued to TrimbleNavigation Limited ("Trimble") on December 10, 2014, as amended on May 7, 2015 with issuance ofExemption 11110A and again on July 23, 2015 with Exemption 11110B in FAA Docket 2014-0367 and Exemption 11263 issued to SenseFly Ltd, a Parrot Company ("SenseFly") on April 1, 2015, as amended on July 23, 2015 with issuance ofExemption 11263Ain FAA Docket 2014-0727. Therequested exemption would allowApplicantto operate the following aircraft:

• UX5, UX5 HP, and ZX5 aircraft manufactured by Trimble or other Trimble aircraft approved for commercial operations underExemptions 11110, 1111OA, and 1111OB. • eBee and eBee RTK aircraft manufactured by SenseFly or other SenseFly aircraft approved for commercial operations underExemptions 11263 and 11263A. Applicant notes that in Exemptions 11257 and Exemption 12457, the FAA also authorized use of the Trimble UX5 and SenseFly eBee by a third party under similar conditions to those in Exemptions 1111OA & B and 11263A. Applicant hereby confirms that it will accept the conditions in Exemptions 11257 and 12457. AE2S's sUASs are rotorcraft, weighing 55 or fewer lbs. including payload. They will operate, under normal conditions, at a speed ofno more than 50 knots. They will operate only in line of sight and will operate only within the airspace above property owned, leased, or otherwise controlled by AE2S or its customers with permission from said customers prior to any operation of sUAS as described in the Safety Checklist, attached as Exhibit A (hereinafter, the Safety Checklist")? Such operations will ensure that the sUASs will, "not create a hazard to users of the national airspace system orthe public."ReformAct§ 333 (b). Given the small size of the sUASs involved, the flight experience of the Applicant, and the proposed diligence for safety ofpeople involved with the operation as well as any bystanders, the Applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofUASs to commence immediately. Also due to the size of the sUASs and the Applicant's piloting experience and pilotinghistory with no accident or incidents, approval ofthe applicationpresents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UAS for aerial data collection activities as opposed to full scale aircraft, the grant ofthe requested exemption is in the public interest. Accordingly, the Applicant respectfully requests that the FAA grant the requested exemptionwithout delay. The Applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory

2 Applicant submits this Safety Checldist as a confidential document under 14 C.F.R. 11.35 (b) as the entire safety checklist contains proprietary information that the Applicant has not and will not share with others. The safety checklist contains operating conditions and procedures thatare not available to the public and are protected from release underthe Freedom ofInformation Act, 5U.S.C. 552 et seq.structure because the proposed operations represent a safety enhancement to the already safe aerial datacollection operations conducted withconventional aircraft. These limitations and conditions to which AE2S agrees to be bound when conducting commercial operations under anFAAissued exemptioninclude: 1. Each sUAS will weigh less than 55 lbs. 2. Flights will be operated within line ofsight ofthe PIC. 3. Maximum total flight time for each operational flight will be determinate on battery capacity. Flights will be terminated at 20% batterypowerreserve. 4. Flights will be operated at an altitude ofno more than400 feet AGLunless prior approval from Air Traffic Control is authorized and a Notice to Airmen (NOTAM) is filed and published. 5. Minimum crewfor eachoperationwill consist ofthe sUAS pilot. 6. The sUAS pilot will be an FAA licensed airman with at least a sport or recreational pilot's certificate and valid driver's license or in the event the FAA promulgates rules whichprovidefor a lesser standard, the sUAS pilotwill comply with such standard. 7. The sUAS pilotwill be Pilot in Command ("PIC"). Ifapilot certificateholder otherthan the sUAS pilot, who possesses the necessary PIC qualifications, is also present during operations thatperson can also be designated as PIC. 8. A briefing between the sUAS pilot and any observer (ifapplicable) will be conducted in regard to the planned sUAS operationspriorto eachday's operations. 9. The Applicant will file a FAA Form 7711-1, or its equivalent, as modified in light ofthe requested exemption, with the appropriate Flight Standards District Office ("FSDO"). 10. The sUAS pilot and observer (ifapplicable) will have beentrained in operation ofsUASs generally and received up-to-date information on the particular sUAS to be operated as required in Safety Checklist. 11. The sUAS pilot and observer (ifapplicable) will at all times be able to communicate by voice and/ortext. 12. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 13. If the sUASs lose communications or lose their GPS signal, the sUASs will have capabilityto returnto and land at apre-determined and pre-programmed location. 14. The sUASs will have the capability to abort a flight in case ofunpredicted obstacles or emergencies. I. 14 C.F.R. Part21, SubpartH: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR§ 91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 SubpartHmeets the requirements ofan equivalentlevel ofsafety under Part 11 and Section 333 ofthe Reform Act. Section 44701 (f) ofthe Act and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the sUASs operated without an airworthiness certificate, in the restricted environment and under the conditions proposed herein will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditionsproposed. The sUASs to be operatedhereunder are less than 55 lbs

.fully loaded, carries neither apilotnor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Safety Checklist. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the Applicant pursuant to the Safety Checklist's requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the areas ofoperations as is now done with conventional aerial data collection activities. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C

.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. II. 14 C.F.R. § 45.23 (b) and 45.29. Marking oftheAircraft Theseregulationrequires: "When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraftneareach entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable." Eventhoughthe sUASs will have no airworthiness certificate, an exemptionmay be needed as the sUASs will have no entrance to the cabin, cockpit orpilot station on which the words, "limited," "restricted," "light-sport," "experimental," or "provisional," can beplaced. However, the Applicant shall also ensure its sUASs are registered with the FAA and that the nationality marks relating to such sUASs are marked on the sUASs in a visible manner. Given the size ofthe sUASs, two-inch lettering may be impossible. The relevant N markings will be placed inthemostvisible location onthe sUASspossible. The equivalent level of safety will be provided by having each sUAS marked in the visible location where the sUAS pilot, observer and others working with the sUAS will see the identification ofthe UAS.III. 14 C.F.R. § 61.23 (a) and (c), 61.101 (e) (4) and (5), 61.113 (a) & (b), 61.315 (a): Sport and Recreational IPrivate Pilot Privileges and Limitations: Pilot in Command Sections 61.23 (a) & (c) set forth requirements for medical certification for pilots including recreational pilots to hold at a minimum a third class medical certificate. Section 61.101 (e) (4) & (5) limit recreational pilots to non-commercial operations. Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Section 61.315 (a) limits sport pilots to noncommercial operations. Because the sUASs will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PICs operating the sUASs to have a sport or recreational pilot's license rather than a commercial pilot's license to operate this sUASs. Unlike a conventional aircraft that carries the pilot and passengers, the sUASs are remotely-controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Safety Checklist. The level ofsafety provided by the requirements included in the Safety Checklist exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The FAAhas routinely issued exemptions allowing for the holder of a minimum ofa sport or recreational license along with a valid state issued driver's license to operate UAS as requested herein. The risks associated with the operation of the sUASs are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe sUASs as requested with a sport or recreational pilot as the PIC exceeds the present level ofsafety achieved by 14 C.F.R. §61.23 (a) & (c), 61.101 (e) (4) and (5), 61.113 (a) & (b) and 61.315 (a). IV. 14 C.F.R. §91.7(a): Civil aircraft airworthiness The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Safety Checklist for maintenance and use ofthe Safety Checklist prior to each flight, an equivalent level of safety will beprovided. V. 14 C.F.R. §91.9 (b) (2): CivilAircraft FlightManualin theAircraft Section 91.9 (b) (2) provides: "Noperson mayoperate aU.S.-registered civil aircraft

... (2) Forwhich anAirplane orRotorcraft FlightManual is notrequired by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof." The sUASs, given their size and configuration have no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, butbecause there is no room or capacityto carry such anitem onthe sUASs. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point to which the sUASspilots flying the sUASs will have immediate access. The FAA has issued the following exemptionsto this regulation: ExemptionNos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.VI. 14 C.F.R. § 91.103: Preflightaction This regulation requires eachpilot in command to take certain actions before flight to ensure the safety offlight. As FAA-approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level ofsafety will be provided as set forth in the Safety Checklist. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. VII. 14 C.F.R. § 91.109: Flightinstruction Section 91.109 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft viaradio communications. The FAAhas approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See ExemptionNos. 5778K & 9862A. The equivalentlevel ofsafety is providedbythe fact that neither apilotnorpassengers will be carried in the aircraft and by the size and speed of the aircraft. VIII. 14 C.F.R. § 91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows helicopters, powered parachutes and weight-shift-control aircraft to be operated at less than the minimums prescribed because their low speed and responsive controls allow operations to be conducted, "without hazard to persons or property on the surface

...".As sUAS possess similarflight and control characteristics, and as the exemptionrequests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Safety Checklist, the sUASs will never operate at higher than 400 AGL. It will however be operated in a restricted area, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed ofthe sUASs as well as the locations where they are operated. No flight will be taken without the permission of the property owner or local officials. Because ofthe advance notice to the property owner, all affected individuals will be aware ofthe planned flight operations as set forth in the Safety Checklist. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the aerial data collection industries, including aerial photography, videography, aerial inspections, surveying and mapping and agricultural inspections industries. In addition, the low-altitude operations of the sUASs will ensure separation between these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119. IX. 14 C.F.R. §91.121 Altimeter SettingsThis regulation requires each person operating an aircraft to maintain crmsmg altitude by reference to an altimeter that is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUASs may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuant to the Safety Checklist, confirming the altitude ofthe launch site shown onthe GPS altitude indicatorbefore flight. X. 14 C.F.R. § 91.151 (a): FuelRequirements for Flightin VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed

- (1) During the day, to fly afterthat for at least 30 minutes; or (2) Atnight, to fly afterthatfor at least45 minutes." The current battery technology powering sUASs is much more limited than that ofcombustion powered flight. As such, the Applicant's sUASs cannotpresently and likely may never meet the reserve requirement in 14 CFR § 91.151. Given the limitations on the UAS's proposed flight area and the location ofits proposed operations within apredetermined area, a longertime frame for flight in daylight VFR conditions is reasonable. As no night flight will occur, that portion is inapplicable. Applicant believes that an exemption from 14 CFR § 91.151 (a) falls within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a))

. Operating the sUASs in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engender the type ofrisksthat Section 91.151 (a) was intended to alleviate giventhe size, speed and limited operating areaofthe sUASs. Applicantbelieves that an equivalent level ofsafety can be achieved by limiting flights based on expected battery life. Operations may be conducted until 5 minutes ofbattery power remains. This remaining battery life would be more than adequate to return the sUASs to their planned landing zone from anywhere in its limited operating area. In the event that UAS added to this exemption in the future require more than 5 minutes ofbattery power to return to the landing zone, Applicant will cease operations at 20% ofremaining battery life to allow for the return flight. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. XI. 14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulationprovides inpertinentpmi: "(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificaterequired by paragraph (a) ofthis section or a special flight authorization issued under§ 91.715 is displayed atthe cabin orcockpitentrance so that itis legibleto passengers orcrew."The sUASs fully loaded weigh no more than 55 lbs. and are operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents, or to displaythem onthe sUASs. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control point where the sUASspilots flying the sUASs will have immediate access to them; to the extent they are applicable to the sUASs. The FAA has issued numerous exemptions to this regulation. Arepresentative sample ofother exemptions includes ExemptionNos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. XII. 14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417 (a) & (b): Maintenance Inspections
These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpati E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...,"andothers shall inspect ormaintainthe aircraftincompliancewithPart43. Giventhatthese sections and Part43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the sUASs as proposed to be operated by the Applicant. Maintenance will be accomplished by the Applicant pursuant to the flight manual and operating handbook as referenced in the Safety Checklist. An equivalent level ofsafety will be achieved because these sUASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise, the sUASs cat1 land immediately and will be operating from no higher than 400 feet AGL. As provided for in the Safety Checklist, the Applicant will ensure that the sUAS is in working orderpriorto initiating flight, performrequired maintenance, and keep a log of any maintenance performed. Moreover, the Applicant is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy conditionto providethe equivalent level ofsafety.

SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, shoulditbe determinedthatpublication is needed: Applicant seeks an exemptionfrom the following rules: 14 C.F.R Part 21, 14 C.F.R. 45.23(b); 45.29; 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a) & (b); 61.315(a); 91.7(a); 91.9(b)(2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a) (1); 91.409 (a)(l) & (2); 91.417(a) & (b) to operate commercially small unmanned aircraft systems (55 lbs. or less) in aerial data collection activities including but not limited to aerial photography, videography, aerial inspections, surveying and mapping and agricultural inspections operations.Approval ofexemptions allowing commercial operations ofsUASs in the aerial data collection industries, including aerial photography, videography, aerial inspections, surveying and mapping and agricultural inspections industries will enhance safety by reducing risk. Conventional aerial data collection activities, including aerial photography, videography, aerial inspections, surveying and mapping and agricultural inspections operations, usingjetorpiston power aircraft, operate at extremely low altitudes and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of4,000 lbs., carrying large amounts ofjet A or other fuel. Such aircraft must fly to and from the aerial data collection locations. In contrast, a sUASs weighing fewer than 55 lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUASs are carried to aerial data collection locations and not flown. The sUASs will carry no passengers or crew and, therefore, cannot and will not expose them to the risks associated with manned aircraft flights. The operation ofsUASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the Applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters or other manned aircraft operating in close proximity to the ground andpeople.

Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act

- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

- provide more than adequate justification for the grant of the requested exemptions allowing commercial operation ofApplicant's sUASs in the aerial data collection industries pursuantto the Safety Checklist appendedhereto.
Onbehalfofthe Applicant, FAFINSKI MARK & JOHNSON, P.A.

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# ~~ GarrettB. Caffee, Esq.